Mishnah 1
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1)

(a)Two of the four Shomrim of which the Torah speaks are a Shomer Chinam and a Nosei (Shomer) Sachar. What are the other two?

(b)What distinction does the Mishnah draw between a Shomer Chinam and a Sho'el?

(c)A Nosei Sachar and a Socher, on the other hand, share the same Din. What does the Tana rule with regard to where the animal which they are guarding ...

1. ... breaks a leg or is captured?

2. ... dies?

3. ... gets lost or stolen?

1)

(a)Two of the four Shomrim (See Tos. Yom-Tov) of which the Torah speaks are a Shomer Chinam and a Nosei (Shomer) Sachar; the other two are - a Socher and a Sho'el.

(b)The Mishnah rules that - whereas a Shomer Chinam swears on every contingency (See Tos. Yom-Tov), a Sho'el pays (See also Tos. Yom-Tov here).

(c)A Nosei Sachar and a Socher, on the other hand, share the same Din. The Tana rules that if the animal which they are guarding ...

1. ... breaks a leg, is captured or ...

2. ... dies (Onsin) - they must swear.

3. ... gets lost or stolen - they are Chayav to pay.

2)

(a)Which Sedra serves as the source for all the above Dinim?

(b)If the first Parshah "Ki Yitein Ish el Re'eihu ... " [which exempts the Shomer from Geneivah and Aveidah]), is talking about a Shomer Chinam, what is the second Parshah ("Ki Yitein Ish el Re'eihu Chamor" [which obligates him to pay] referring to?

(c)How do we know that it is not the other way round?

(d)We also know that a Shomer Sachar is Chayav for Geneivah because the Torah writes "Im Ganov Yiganev me'imo, Yeshalem le'Ba'alav". How might we learn Aveidah from the same Pasuk?

(e)Alternatively, how might we learn it from a Kal va'Chomer from Geneivah?

2)

(a)The Sedra that serves as the source for all the above Dinim is - 'Mishpatim'.

(b)The first Parshah "Ki Yitein Ish el Re'eihu ... " (which exempts the Shomer from Geneivah and Aveidah), is talking about a Shomer Chinam; the second Parshah "Ki Yitein Ish el Re'eihu Chamor O Shor O Seh ... " (which obligates him to pay), is referring to - a Shomer Sachar.

(c)We know that it is not the other way round - since logically, the Din of a Shomer Sachar is more strict than that of a Shomer Chinam, because he is paid for guarding the article (See Tos. Yom-Tov).

(d)We also know that a Shomer Sachar is Chayav for Geneivah because the Torah writes "Im Ganov Yiganev me'imo, Yeshalem le'Ba'alav". We might learn Aveidah from the same Pasuk - from the Kefel Lashon ("Ganov Yiganev").

(e)Alternatively, we might learn it from a Kal ve'Chomer from Geneivah - which is closer to Oneis, whereas Aveidah is closer to Peshi'ah (negligence).

3)

(a)The Din by a Sho'el too, is written there explicitly. What does the Torah say about him?

(b)And from where do we know that a Socher has the same Din as a Shomer Sachar, rather than as a Sho'el?

3)

(a)The Din by a Sho'el too, is written there explicitly, when the Torah writes - "ve'Nishbar O Meis, Be'alav Ein imo, Shalem Yeshalem le'Be'alav".

(b)We we know that a Socher has the same Din as a Shomer Sachar, rather than as a Sho'el - since, as opposed to the latter, he does not receive all the benefits (See Tos. Yom-Tov), inasmuch as he must pay for use of the article.

Mishnah 2
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4)

(a)What does the Tana say about a case where a Shomer Chinam swears to the effect that the animal ...

1. ... died naturally, when in reality it fell and broke its bones, was captured, stolen or lost?

2. ... fell and broke its bones, when it either died naturally, was captured, stolen or lost (or any other similar combination of the five calamities)?

(b)Why is that?

(c)What if the owner issued the Shevu'ah and the Shomer responded with 'Amen'?

4)

(a)The Tana rules in a case where a Shomer Chinam swears to the effect that the animal ...

1. ... died naturally, when in reality it fell and broke its bones, was captured, stolen or lost - that the Shomer is Patur from bringing a Korban Asham, and the same will apply if he swears that it ...

2. ... fell and broke its bones, when it either died naturally, was captured, stolen or lost (or any other similar combination of the five calamities).

(b)This is because - even if he had admitted that any of the four things occurred, he would not have been obligated to pay, and one is only Chayav a Korban Shevu'ah there where the Shevu'ah exempts him from paying (See Tiferes Yisrael).

(c)If the owner issued the Shevu'ah and the Shomer responded with 'Amen' - the same will apply.

Mishnah 3
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5)

(a)In a case where a Shomer Chinam swears to the effect that he never received the ox as a Pikadon, when in fact, one of the things mentioned in the previous Mishnah happened to it, the Mishnah rules that he is Patur. Why is that?

(b)What if he swears that the ox got lost, and witnesses testify that he ate it?

(c)How will the Din differ if he admits that he ate it?

(d)What is the source of this latter ruling?

5)

(a)In a case where a Shomer Chinam swears to the effect that he never received the ox as a Pikadon, when in fact, one of the things mentioned in the previous Mishnah happened to it, the Mishnah rules that he is Patur - since his Shevu'ah did not exempt him from paying (as we learned earlier).

(b)If however, he swears that the ox got lost, and witnesses testify that he ate it - he is Chayav to pay ...

(c)... whereas if he admits that he ate it - he is obligated to pay the full amount plus a fifth and to bring a Korban Asham ...

(d)... since this is the classical case of Shevu'as ha'Pikadon (which comes as a Kaparah when he confesses and wants to do Teshuvah).

6)

(a)What will be the Din if the Shomer Chinam swears that the animal got lost ...

1. ... and witnesses testify that in fact, he stole it?

2. ... he then confesses that he stole it?

(b)Why, in the latter case, does he not pay Kefel?

(c)And how do we learn the former Din from the Pasuk in Mishpatim "Im Lo Yimatzei ha'Ganav, Yeshalem Shenayim le'Re'eihu"?

6)

(a)If the Shomer Chinam swears that the animal got stolen and ...

1. ... witnesses testify that in fact, he stole it - then he is Chayav to pay Kefel (Kefel [See Tiferes Yisrael 12 & 13]).

2. ... he then confesses that he stole it - he is Chayav to pay the Keren plus a fifth and to bring a Korban Asham ...

(b)... but not Kefel - because Kefel is a fine, and one never pays a fine by one's own admission.

(c)We learn the former Din from the Pasuk in Mishpatim "Im Lo Yimatzei ha'Ganav, Yeshalem Shenayim le'Re'eihu", which we Darshen to mean that - it transpires, not like he said, but that he actually stole it.

Mishnah 4
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7)

(a)In a case where Shimon denies having stolen Reuven's ox, what does the Mishnah say in the event that witnesses testify that he did indeed steal it?

(b)Why does the Tana not mention a Shevu'ah in this case?

(c)What if the witnesses subsequently testify that he Shechted or sold it?

7)

(a)In a case where Shimon denies having stolen Reuven's ox and witnesses testify that he did indeed steal it - the Mishnah rules that he is Chayav to pay Kefel.

(b)The Tana does not mention a Shevu'ah in this case - since it is a regular case of Geneivah, for which one is Chayav Kefel even withoug a Shevu'ah.

(c)In the event that the witnesses subsequently testify that he Shechted or sold it - he will be Chayav to pay five times (four for a lamb).

8)

(a)What does the Mishnah say about a case where, after spotting witnesses preparing to come to Beis-Din to testify against him, he quickly admits in Beis-Din that he stole the animal but that he did not Shecht or sell it, at which point the witnesses arrive and testify that he stole it and Shechted or sold it?

(b)On which two principles is this ruling based?

(c)What is the Chidush?

8)

(a)In a case where, after spotting witnesses preparing to come to Beis-Din and testify against him, he quickly admits in Beis-Din that he stole the animal but that he did not Shecht or sell it, at which point the witnesses arrive and testify that he stole it and Shechted or sold it - the Mishnah obligates him to pay the Keren but not Kefel or Arba'ah va'Chamishah ...

(b)... due a. to the principle 'Modeh bi'Kenas Patur', he is Patur from Kefel), and b. where there is no Kefel there is no Arba'ah va'Chamishah either.

(c)The Chidush is that - we ignore the suspicion that he only admitted out of fear of the witnesses, in which case his admission would not be acceptable, even to exempt him from Kefel (See Tos. Yom-Tov).

Mishnah 5
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9)

(a)The Tana now discusses the case of a Sho'el, who claims that the ox that he borrowed died naturally (See Tos. Yom-Tov), when in reality, it either fell and broke its bones, was captured, stolen or lost (or any other combination, as we learned in Mishnah 3), and swears to that effect (See Tos. Yom-Tov). Why does the Tana declare him Patur?

9)

(a)The Tana now discusses the case of a Sho'el, who claims that the ox that he borrowed died naturally (See Tos. Yom-Tov), when in reality, it either fell and broke its bones, was captured, stolen or lost (or any other combination, as we learned in Mishnah 3), and swears to that effect (See Tos. Yom-Tov). The Tana declares him Patur from a Korban - because he is Chayav anyway, and the Shevu'ah did not render him Chayav.

Mishnah 6
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10)

(a)Still with reference to a Sho'el, what does the Tana say about a case where, after denying any knowledge of the owner's ox, and swearing to that effect, it transpires that it died naturally, fell and broke its bones, was captured, stolen or lost?

(b)Why is that?

(c)And what does he then say in a case where a Shomer Sachar or a Socher claims either that the animal ...

1. ... died naturally and swears accordingly, when really it fell and broke its bones or was captured, or that it fell and broke its bones when really it died naturally or was captured?

2. ... was stolen when in reality it got lost or vice-versa?

(d)What is the reason for ...

1. ... the former set of rulings?

2. ... the latter ruling?

10)

(a)Still with reference to a Sho'el, the Tana rules that, in a case where, after denying any knowledge of the owner's ox, and swearing to that effect, it transpires that it died naturally, fell and broke its bones, was captured, stolen or lost - the Sho'el is Patur ...

(b)... because, either way he is Chayav to pay.

(c)He then rules that, in a case where a Shomer Sachar or a Socher claims either that the animal ...

1. ... died naturally and swears accordingly, when really it fell and broke its bones or was captured, or that it fell and broke its bones when really it died naturally or was captured, or where it ...

2. ... was stolen when in reality it got lost or vice-versa - he is Patur.

(d)The reason for ...

1. ... the former set of rulings is - because, either way, he is Patur.

2. ... the latter ruling is - because, either way, he is Chayav.

11)

(a)And what does the Mishnah finally say in a case were the Shomer Sachar or Socher claims and swears that the animal ...

1. ... died naturally, fell and broke its legs or was captured, when in reality it was stolen or lost?

2. ... was stolen or lost when in reality it died naturally, fell and broke its legs or was captured?

(b)The general rule is that whenever the Shomer switches from Chovah to Chovah or from P'tur to P'tur, he is Patur from a Korban. What will be the Din if he switches from ...

1. ... P'tur to Chovah?

2. ... Chovah to P'tur?

(c)How does the Tana explain this in a nutshell?

11)

(a)The Mishnah finally rules that in a case were the Shomer Sachar or Socher claims and swears that the animal ...

1. ... died naturally, fell and broke its legs or was captured, when in reality, it was stolen or lost - he is Chayav.

2. ... was stolen or lost when in reality it died naturally, fell and broke its legs or was captured - he is Patur.

(b)The general rule is that whenever the Shomer switches from Chovah to Chovah or from P'tur to P'tur, he is Patur from a Korban (See Tos. Yom-Tov). In the event that he switches from ...

1. ... P'tur to Chovah - he is Patur too.

2. ... Chovah to P'tur - that is when he is Chayav.

(c)The Tana explains in a nutshell that - whenever the Shomer comes to make himself Patur, he is Chayav (See Tos. Yom-Tov), and whenever he comes to make himself Chayav, he is Patur.

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